Florida Senate - 2021 SB 7002 By the Committee on Health Policy 588-01420-21 20217002__ 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 381.83, F.S., which 4 provides an exemption from public records requirements 5 for certain trade secrets contained in records, 6 reports, or information submitted to the Department of 7 Health; removing the scheduled repeal of the 8 exemption; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 381.83, Florida Statutes, is amended to 13 read: 14 381.83 Trade secrets; confidentiality.— 15(1)Records, reports, or information obtained from any 16 person under this chapter, unless otherwise provided by law, 17 must be available to the public, except upon a showing 18 satisfactory to the department by the person from whom the 19 records, reports, or information is obtained that such records, 20 reports, or information, or a particular part thereof, contains 21 trade secrets as defined in s. 812.081. Such trade secrets are 22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 23 of the State Constitution. The person submitting such trade 24 secret information to the department must request that it be 25 kept confidential and must inform the department of the basis 26 for the claim of trade secret. The department shall, subject to 27 notice and opportunity for hearing, determine whether the 28 information, or portions thereof, claimed to be a trade secret 29 is or is not a trade secret. Such trade secrets may be 30 disclosed, however, to authorized representatives of the 31 department or, pursuant to request, to other governmental 32 entities in order for them to properly perform their duties, or 33 when relevant in any proceeding under this chapter. Authorized 34 representatives and other governmental entities receiving such 35 trade secret information shall retain its confidentiality. Those 36 involved in any proceeding under this chapter, including a 37 hearing officer or judge or justice, shall retain the 38 confidentiality of any trade secret information revealed at such 39 proceeding. 40(2) This section is subject to the Open Government Sunset41Review Act in accordance with s. 119.15 and shall stand repealed42on October 2, 2021, unless reviewed and saved from repeal43through reenactment by the Legislature.44 Section 2. This act shall take effect October 1, 2021.